HC rejects Jamia student’s Rs 35 cr compensation claim.
A plea by a Bachelor of Engineering student of Jamia Millia Islmia claiming Rs 35-crore compensation from the varsity on various grounds has been turned down by the Delhi High Court. A Bench of Justices Sanjiv Khanna and Navin Chawla upheld the single judge’s order observing that the “claim for damages on this account is clearly unsustainable and ill-founded” reported PTI.
“As per the result declared in April-May, 2013, the appellant had failed. It was for the appellant to prepare himself for re-examination to be held in January 2014, even if he had applied for re-evaluation. The appellant could not have assumed that he would clear the first year examination held in January 2013 solely because he had applied for re-evaluation. Attending the second year classes would not confer any right to be promoted to the second year,” the Bench said.
In the first year annual examination held in January 2013 and January 2014 the student had not question that he had failed in the exam.
“After re-evaluation also, the appellant had been declared as failed. These results are not challenged. In these circumstances, we do not think the plaint, as framed, discloses any cause of action for a suit for damages of Rs 35 crores, which is rather fanciful,” the Bench added.
It said that to claim damages, loss caused has to be shown along with the causal connection linking the loss with the negligence and errors by the defendants, reported PTI.
“As the appellant had failed, the alleged lapses in the factual matrix would not confer any cause of action in the absence of link and causal connection of the act of negligence with the loss,” the Bench said.
The student had also argued that there were some errors in the mark sheets issued to him.
One of the reasons that the student had cited was that the re-evaluation result for an exam, in which he had failed, was not declared on time.